The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-11-06

tnlS act; ana 1Or the purposes of this section
said Court snalI have all the powers of 8
court OF equity.
The power of Congress to dissolve
the corporation styled the Church
of Jesus Christ of Latter-day
annul its charter, which we have
held could be done. This disposes of
the question: raised upon the first cause
OF the seventeenth section of the act.
The last clause of that section should
be considered in connection with Sec
lions thirteen and twenty-six of the
same act. They are as follows:
SEC Is That it shall be the duty of the
Attorney General of the United states to
nstitute and prosecute proceedings 10 for
lett and escheat to the Uniled >Iates the
property of corporations obtained or held in
violation of section three OF the act of Con-
! gress approved the LIST day of July, 1862, en-
! titled An act to punish and prevent the
| practice OF pOlygamy in the Territories
OF the United States and other places,
and disapprov ng and annullng certain
acts of the Legislative Assembly of
the Territory of Utah." or in vio-
| latiOn of section eighteen hun red and
ninety of the Revised Statutes of the United
states; and all such pr peTty so forfeited
| and escheated to the United States shall be
| disposed of by the Secretary of the Interior,
and the proceeds thereof applied 10 the use
| and benefit of the comm n schools III the
| Territory in which such property may be:
| PTOUided. That no building. or the grounds
! appurtenant thereto, which Is he d aud 0c-
cupied exc usively for pufpO- es of the Wor-
! ship OF God, or parsonage connected there
with, or burial ground, snail be ,rieited.
SEC. 20. That all religious societies, sects,
and CONGREGATIONS shall have The right to
have and to hold Though trustees appointed
! by any Court exercising probate powers in
Territory, only on the nOmin alton of the
authorities of such society, Sect or cOngre-
cation, so much real property for the erec-
tion or use of houses of worship, and for
such parsOnages and burial grounds as shall
be necessary for the convenience and use of
the several congregations of such religious
society, sect, or congregation.
The second clause of the seventeenth
section quoted makes it the duty of the
4 ttorney-General of the United States
to institute proceedings in this court to
wind up the affairs of the corporation
dissolved by the first clause Of the same
section and gives the Court power to
make such decree as may be proper to
transfer the title to real property held
and used by the corporation for places
of worship and parsOnages connected
herewith, and burial grounds, as men
toned in the prOViso to section thir-
teen, and in ssctien twenty six of the
proceeding the Court is given all the
powers of court of equity. The pro-
viso OF section thirteen exemDts Just
such property as last described from
forfeiture, with no Limitation on value
as in the act of 1852; and section
twenty-siX gives to all religious societies,
sects and congregations the right to
hold through trustees nominated and
appointed as therein provided, So much
real property for the Use CT houses of
worship, parsonages and burial
ground as shall be necessary; nor is the
value IL this section limited By the
first part oi section thirtt Ell Il is made
the duty OF the Attorney General to
institute proceedings TO forfeit and
eScheaf to the United States the prop
erty I the corporation obtained or held
IN violation of section three of the act
OF 1862, Or Of section 1890 of the Revised
Statutes OF the, United States (Which,
two sections are substantially the
same) fne property so forfeited and
esCheat, TO United States and the
proceeds thereof are to be applied to
the use and benefit of the common
schools in the Territory in hich such
properly may be.
Section three Of the act of 1862 is as
follows:
SEC. 3. ind b.. It further enacted, That it
shall not be lawful for ans corporation or
association Tor religious or charitable pur-
poses to acquire or hold real estate in any
TerIitOrg Of Jhe United States during the ex-
istenc. OF the tcfIIt rial gOVernme OF q
greater value than $4,000; snd ali real es-
g,e acquired or held by any such corpora
lion o. association CONTRARY to the proYis-
ions OF thls act snail be forfeited aud es-
chest TO the Unit Sta es; provided, that
+ Al 8 ar 81 nal mr.
he impaired by the provisions o. this sec
on.
1t will be seen that section thirteen
OF the acr OF March 3j 1887, author
ICES the forfeiture only of the property
Obtained or held In violation of section
three of the act which took effect July
Ist, 1862; that is 10 say, property &C
Quired after the act took effect and in
violation Of il And we may here re-
mark that the policy of Limiting the
amount OF land which religious cor
poratiOns may hold is not new. but it is
q practice that mas CHAINED for ages.
1t was announced il Magma Charta
more than six hundred years ago, and
continued by many enaCtments of Par
lament designed TO meet the eVaSions
and contrivsnces of the church for es-
Gaping the laws. 1t has been the set
y s
the statutes of various States, and q
quarter of century ago Congress lin
tied the amount of real estate that any
church might hold in any OF the Terri
tories. 1t has been the settled design
of such statutes to cHnfne church hold
iHgs to the amount that is necessary
simply for church purposes, and the
observance of such laws has been Sc
cured by forfeiture, which seems the
most appropriate and effectual method.
We are unable to discover that any
of the provisions of the act of Congress
OF March. 3, 1887, 'elating to the cor
poration~of the Church of Jesus Christ
of Latter day Saints inteFferes with
vested rights or is in conflict with any
provision of the Constitution of the
United States.
This brings US to the question whether
the allegations of the bills are sufficient
to authorize the appointment of re-
ceiFer. The following facts with others
are alleged in the bill: That the Church
of Jesus Christ of Latter day Saints
was Incorporated under the act of the
Territorial Legislature quoted, and did